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· 3/24/1995

Kanaan v. Kanaan

Citations

  • 659 A.2d 128
  • 163 Vt. 402
  • 1995 Vt. LEXIS 19

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that trial court “is in a unique position to assess the credibility of the witnesses and the weight of the evidence presented”
  • holding that wife’s delay in filing motion to enforce oral agreement for husband to pay spousal maintenance following their separation was not waiver, because “waiver requires proof of a voluntary and intentional relinquishment of a known and enforceable right”
  • noting that a delay must “work[] a disadvantage to another” in order to invoke laches
  • explaining that factfinder’s findings are accorded deference because it is in a “unique position to assess the credibility of witnesses and weigh the evidence presented
  • explaining that trial court's findings are entitled to substantial deference due to its unique position to assess credibility of witnesses and weigh evidence
  • stating that “waiver requires proof of a voluntary and intentional relinquishment of known and enforceable rights.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibson, Dooley, Morse, Johnson, Norton, Supr

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.